Case Commentary: Recovery for a Pathological Grief Reaction Following Bereavement : Sloss v NSW

Abstract

In Sloss, the Supreme Court of New South Wales considered the general approach to be taken to negligently caused psychiatric illness cases. This case commentary will briefly discuss the Law of Torts and the application of social theory. It will also review the rules governing recovery for psychiatric illness, in particular, the category of the plaintifIs claim, and tests for duty of care, foreseeability, proximity of relationship, psychiatric evidence and economic loss. Following this, a comparison is made between the approaches of the Australian and English courts with reference to recovery for the negligent infliction of psychiatric illness. This case is significant at the Supreme Court level as cases on psychiatric illness are complex, as tedious for legal practitioners and scholars as they are harrowing for the plaintiff victims. The facts in this case ought to provoke strong sympathy.